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Hi Jenny I would stick with current plus 6 (ie 7)- your other advice is at best untested. Indeed, you should be looking at longer rather than shorter for individuals working with children or vulnerable adults. Meic Meic Pierce Owen Records Manager Perth and Kinross Council. -----Original Message----- From: The Information and Records Management Society mailing list [mailto:[log in to unmask]] On Behalf Of Jenny Willis Sent: 28 February 2017 11:06 To: [log in to unmask] Subject: Retention of personnel files Dear All Our HR consultant has recently suggested that we revise our current 7 year (from end of employment) personnel file retention to 1 year only - the justification being that normal time limits for employment tribunal cases are 3 to 6 months from end of employment (under the Extension of Jurisdiction Order 1994). In addition, she feels that the common reason for 7 year retention of personnel files is to ensure correct retention of payroll and tax records and that if these are held by Finance, the 7 year HR retention isn't necessary. However, it's my understanding that 7 years is an industry standard owing to the 6 year time limit for breach of contract claims under the Limitations Act 1980. I know that the time limit for breach of contract 'shall not apply to any claim for specific performance of a contract' but am I right in thinking that there will be cases where the 6 years stated in the Limitations Act applies to employment tribunals and well as civil courts? I believe that the ICO advice is that a recruitment record shouldn't be held for longer than 6 years. I would think that records which might be relevant to a claim of breach of contract would be: signed contract and amendments; training records; appraisal records; sick leave records; correspondence relating to promotion or disciplinary action. Does anyone hold these records for a shorter time or see any argument to do so? Many thanks, Jenny Willis The Postal Museum To view the list archives go to: https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=RECORDS-MANAGEMENT-UK To unsubscribe from this list, send an email to [log in to unmask] with the words UNSUBSCRIBE RECORDS-MANAGEMENT-UK For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask] Securing the future... - Improving services - Enhancing quality of life - Making best use of public resources. The information in this email is solely for the intended recipients. If you are not an intended recipient, you must not disclose, copy, or distribute its contents or use them in any way: please advise the sender immediately and delete this email. Perth & Kinross Council, Culture Perth and Kinross and TACTRAN do not warrant that this email or any attachments are virus-free and does not accept any liability for any loss or damage resulting from any virus infection. Perth & Kinross Council may monitor or examine any emails received by its email system. The information contained in this email may not be the views of Perth & Kinross Council, Culture Perth and Kinross or TACTRAN. It is possible for email to be falsified and the sender cannot be held responsible for the integrity of the information contained in it. Requests to Perth & Kinross Council under the Freedom of Information (Scotland) Act should be directed to the Freedom of Information Team - email: [log in to unmask] General enquiries to Perth & Kinross Council should be made to [log in to unmask] or 01738 475000. General enquiries and requests under the Freedom of Information (Scotland) Act to Culture Perth and Kinross should be made to [log in to unmask] or 01738 444949 General enquiries to TACTRAN should be made to [log in to unmask] or 01738 475775. Securing the future... - Improving services - Enhancing quality of life - Making best use of public resources. To view the list archives go to: https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=RECORDS-MANAGEMENT-UK To unsubscribe from this list, send an email to [log in to unmask] with the words UNSUBSCRIBE RECORDS-MANAGEMENT-UK For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask]